Halpern May Ybarra Gelberg LLP

Los Angeles & San Diego

Commercial Litigation, Insurance Coverage, Professional Liability & White-Collar Defense

The 18 attorneys at litigation boutique Halpern May Ybarra Gelberg all came to the firm either from large law firms or a U.S. attorney's office, according to partner Grant Gelberg. They have deep experience suing for insurance coverage, defending law firms and handling trade secrets disputes. With several former prosecutors among their ranks, they also have been very successful defending white-collar criminal actions, he said.

Their most high-profile matter recently, however, was the independent probe it conducted for the State Bar into the bar's mishandling of disciplinary complaints against now-disbarred Thomas Girardi. The bar released the report of the investigation, known as the May Report, in March.

"The report concluded that Girardi intentionally cultivated relationships at many levels in the State Bar to increase his influence in the agency," said partner Aaron May, who led the investigation and for whom its report is named. "The report outlines instances of past State Bar staff not properly handling conflicts of interest and accepting gifts without reporting them." One bar discipline investigator received, but did not disclose, gifts and payments estimated to be worth more than $1 million, he said.

During the 16-month investigation, May and a team of four other attorneys and three paralegals interviewed more than 70 witnesses and reviewed thousands of documents, he said.

More recently, May and colleagues secured an unusual diversion agreement from the Justice Department for a Nevada real estate broker who had been charged with executing a $4.5 million bank fraud scheme involving multiple banks. U.S. v. Sidhu, 3:21-cr- 00049 (D. Nev., filed Nov. 18, 2021).

May succeeded through an "aggressive strategy of bringing motions challenging the government's case," he said.

Gelberg said the case exemplifies the firm's achievements recently in white-collar cases. He pointed to their win in April last year for a doctor charged originally in 2012 with insurance fraud and manslaughter for prescribing topical pain creams. The original indictment was dismissed following an appeal to the state Supreme Court. Then, the defense team spent eight years fighting the new indictment.

"Ultimately, the court granted our motion and dismissed the case for the way the prosecution handled the evidence in that case, including the invasion of the attorney-client privilege," Gelberg said. People v. Jarminski, 16CF1351 (O.C. Super. Ct., filed June 20, 2016).

In an unusual civil case, partner Joseph Ybarra successfully defended the L.A. Turf Club during a four-day jury trial in February against a lawsuit brought by an owner whose horse was scratched from a race. Sharp v. Santa Anita Park, 20STCV04582 (L.A. Super. Ct., filed Feb. 4, 2020).

Ybarra also leads the firm's defense of law firms sued for malpractice, May said. For example, in June last year, Ybarra won a complete defense verdict for Perkins Coie after a five-week jury trial. Lifespeed Inc. v. Perkins Coie LLP, BC701912 (L.A. Super. Ct., filed April 12, 2018).

This past February, Ybarra won a published appellate opinion affirming his summary judgment victory for another large law firm in a case examining an attorney's duty to a testator. Gordon v. Ervin Cohen & Jessup LLP, 2023 DJDAR 1422 (Cal. App. 2nd Dist., filed Feb. 23, 2023).

Partner Mark Halpern, who leads the firm's insurance coverage practice, won

a rare victory obtaining coverage for a client's pandemic-related losses. The case, reportedly worth $350 million, settled in August last year. Emerald Holding Inc. v. Lloyd's Syndicate 1967, 8:21-cv-00340 (C.D. Cal., filed Feb. 22, 2022).

Results like those demonstrate the small firm's uniqueness, Gelberg said. "We have ... strength in practices that are as diverse as insurance recovery, white-collar defense and legal malpractice defense at such a high level."

-- Don DeBenedictis